International Hiring: Faculty, Researchers and Staff  Presented by Mario Rojo del Busto, LL.M. Assistant Dean of Faculties & Chief of Staff Director of International Faculty & Scholar Services

Resources System Regulation Employment Practices University Rule M1 Faculty Recruitment Procedures System Regulation Employment of Foreign Nationals University Rule M1Employment of Foreign Nationals DOF Faculty Hiring Guidelines and forms IFSS Guidelines and forms

Different Routes to Hiring Colleges – Departments Faculty Faculty Dean of Faculties Researchers IFSS Researchers Vice President IFSS for Research (International Employees) Staff Staff Human Resources

Three Stages to the Process Pre – Hiring What do we need to do to launch the searchHiring We selected a candidate and we made him/her an offerPost-Hiring What do we need to do to “actually” employ the individual

Hiring domestic vs. International Is there a difference?  Same advertisement  Same selection process  Same offer letter  Almost the same post-hiring requirements BUT FOR: Obtaining USCIS authorization to work for TAMU Retaining employee on a permanent basis

Visa vs. Status INSIDE THE U.S.A. OUTSIDE THE USA I-94VISA To be in the USA To enter the USA

I-94 Approval Record

Immigration Statuses of a Foreign National  Change of Status  Extension of Stay/Portability  New Status

Department’s Obligations System Regulation  Ensure that correspondence with the foreign national prior to obtaining the necessary approvals does not constitute a firm offer of employment  Ensure that the proposed employment complies with all U.S. export control laws and regulations  Initiate the request, including the necessary immigration information  Contact IFSS for handling the employment of foreign nationals

Nonimmigrant Petitions Starts Starts Hiring Department After contingent offer is made Collects required supporting evidence Submits to IFSS IFSS reviews & prepares dossier for filing Files the petition with DOL & USCIS

The Offer Letter Essential Elements  Mirror the PD  Length of appointment  Date of employment  Salary  Duties and responsibilities  Effort time  Contingencies  Acceptance by candidate

Contingencies 1.Final administrative approval (for faculty) 2.Employment eligibility verification 3.Criminal background check 4.Degree verification/official transcript 5.Selective Service

Review and analysis H-1B Specialty Occupation  Position Description Prevailing Wage Determination Labor Condition Application Deemed Export Control Attestation

Prevailing Wages What is a Prevailing Wage? Prevailing wage determinations are based upon: Experience and skills required for job Complexity of job duties Level of judgment involved Amount of supervision required Does the position supervise anyone 4 Wage Levels (entry, qualified, experience, fully competent) How does it affect the employment?

Labor Condition Application The Attestations Under Penalty of Perjury  Payment of the higher wage  Employment will not adversely affect the working conditions of similarly employed workers  No strike, lockout or work stoppage in the occupation  Retention of public inspection file documenting compliance with above requirements

DEEMED EXPORT CONTROL ATTESTATION  Completion of Export Control training by supervisor  It affects H-1Bs and O-1s international employees  Determination of whether or not a license is required must be documented  Attestation must be completed and signed by the hiring supervisor  Severe civil and criminal penalties for concealment or intentional misrepresentation

Commencing Employment §6.5 of TAMU Rule M1 An approved nonimmigrant status notice (I-797A) Actual receipt of USCIS approval Portability exception I-9 Form has been completed

QUESTIONS?